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Can lower sentence than minimum sentence be given ?
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Can sentence lower than the mandatory minimum sentence be given by courts ?
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i have licensed tally accounting, 1 of my brand(USHA) required data synchronization, after sync, i noticed that all data other than USHA has been uploaded to them, so to stop uploading my all business data, i used busywin(pirated version) – only for synchronization. This pirated busywin was1) never ever distributed or sold to any one by me2) never used to do full fledge business activity3) never used for gst filing4) never used for e-way bill only data syncronization was done to upload selected brand data. now busywin has sent me a legal notice to stop using it, which i already stopped at the same moment, and now they are forcing me to purchase the paid license which i do not require, they are threatening me to file cyber crime case
HELP
Complant aginst False SIR
Harrasement
Legal aid
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Answer ( 1 )
No in cases where minimum sentence is prescribed, lower sentence cannot be granted unless the reasons for doing the same are given by the court exercising such discretionary powers in extraordinary circumstances.